RC
[2011] QCAT 31
•20 January 2011
| CITATION: | RC [2011] QCAT 31 |
| PARTIES: | RC |
| APPLICATION NUMBER: | GAA10307-09 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | 20 January 2011 |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott, Senior Member |
| DELIVERED ON: | 20 January 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Application for appointment of administrator is dismissed |
| CATCHWORDS : | ADMINISTRATION – adult not resident in Queensland – no jurisdiction to appoint administrator – early end to proceedings – section 47 of the Queensland Civil and Administrative Tribunal Act 2009 |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties.
REASONS FOR DECISION
On 9 December 2009 DL lodged an application with the tribunal seeking the appointment of an administrator for RC. The applicant stated that RC had been residing on a respite basis at an aged care facility from 9 February 2009 to 19 April 2009. The applicant did not have any information as to where RC was residing as at the date of lodgement of her application.
On 15 March 2010 a representative of the Adult Guardian informed the tribunal that according to information received from his family, RC was resident in New South Wales.
On 16 March 2010 a staff member from the tribunal registry wrote to the applicant to advise her of this information. The applicant was also informed that the tribunal did not have jurisdiction to appoint an administrator if RC resides in New South Wales. The applicant was asked to inform the tribunal by 31 March 2010 if she wanted to proceed with her application or if she wanted to seek leave for the application to be withdrawn. No response has been received from the applicant.
On 20 January 2011 a staff member from the tribunal registry spoke with a member of RC’s family who confirmed that RC resides permanently in Canberra.
This tribunal can make orders and appoint substituted decision makers such as an administrator for adults with impaired decision making capacity who are resident in Queensland. This tribunal does not have jurisdiction to make an appointment of an administrator for an adult who resides in another state or territory of Australia unless the adult otherwise has a sufficient connection with Queensland such as owning assets situated in this State.
The tribunal finds that RC does not reside in Queensland. There is no evidence proved to the tribunal that RC owns any assets in Queensland. The tribunal concludes that RC does not have a sufficient connection with Queensland to provide this tribunal with jurisdiction to appoint an administrator for RC. The application lodged by DL has no substance.
Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the tribunal power to bring a proceeding to an early end if the tribunal considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process.
The tribunal considers that the application made by DL is misconceived and has no substance. The application should not proceed to a hearing. The tribunal considers that it is appropriate to dismiss the application under the provisions of section 47 of the Queensland Civil and Administrative Tribunal Act 2009.
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